May 17, 2023Share
Jury Returns Complete Defense Verdict In Premises Liability Case
Kelley Kronenberg Partner, Aaron Neifeld, with the assistance of Partner, Lara Weems Rezapour, proceeded to trial in a general liability claim involving a premises liability dispute. Faced with exposure of $3,073,779.12, plus fees and costs, Mr. Neifeld launched an aggressive defense before a Seminole County, Florida jury. After a three-day trial, the jury returned a verdict in our client’s favor. The Honorable Jessica Recksiedler, of the 18th Judicial Circuit, in Seminole County, Florida, presided.
In this case, Plaintiff claimed he slipped and fell outside a big-box retail store, on a painted stripe that lacked sufficient non-grip additives. In our client’s defense, we argued successfully that (1) no dangerous condition existed on the property, because Plaintiff had also testified at deposition, and in medical records, that the cause of his fall was rainwater; (2) the store did not have notice of any negligent striping done by its subcontractor, because there were no prior complaints; (3) Plaintiff’s knowledge of the paint/rain was at least equal to, if not greater than that of the big-box store; and (4) Plaintiff’s liability expert had conducted a flawed inspection that was done more than one year after the incident and did not involve proper coefficient of friction analysis.
After a three-day trial, the jury returned a complete defense verdict, saving our clients more than three million dollars in damages, and any fees and costs that might have been sought.